______________________________________________ DISMISSED WITH PREJUDICE: January 4, 1999 ______________________________________________ GSBCA 12018-P VALIX FEDERAL PARTNERSHIP I, Protester, v. DEPARTMENT OF THE NAVY, Respondent. Stephen L. Mills, Vice President-Marketing of Valix Federal Partnership I, appearing for Protester. Michael Cunnningham, Office of Counsel, U.S. Naval Base, Department of the Navy, Philadelphia, PA, counsel for Respondent. Board Judge BORWICK. ORDER On September 18, 1992, we convened a telephonic prehearing conference on the above referenced protest, with counsel for both parties participating. The protest was filed on September 16. This was a negotiated procurement conducted by the Department of the Navy for personal computers with 386DX microprocessors as a minimum mandatory requirement. Protester's offer was deemed technically unacceptable because it included personal computers with 386SX microprocessors. Protester was concerned that respondent may have held discussions with other vendors, but not with protester. Protester, upon being advised at the prehearing conference that award was made without discussions, requested withdrawal of the protest and confirmed in a subsequent conversation that the dismissal is to be with prejudice. Respondent has no objection to the dismissal. Pursuant to Rule 28 and the agreement of the parties, this protest is DISMISSED WITH PREJUDICE. _________________________ ANTHONY S. BORWICK Board Judge